Totally confused?!

[kissy57]

Hi everyone,
I was very recently (last week) foolishly talked into (had a misbehaving child and lost all common sense) signing up for a totally foolish Rental agreement for a laptop! I had thought I would own it at the end....but alas I get to pay over £900 for a £300 laptop.......and will never own it. Why oh why I fell for this I will never know, and on top of all this I realised after signing that I will have to pay extra for insuring it personally and that I was charged nearly £200 for a whatever happens mechanical cover lasting 2 years ( I never realised all of this and was not told I would be charged extra!!)

I do not have the laptop yet, as they had to prepare it - whatever that means so it is still in store and I have just made a deposit/first payment of £39.67......yesterday I recieved a phonecall from Mr salesman saying "you must have gone home with my paperwork and you need to bring it back/sign again?"
I said to him that I would have a look, but could not do it right away as I was busy... on looking at my paperwork I see I have the agreement with a photocopy of his signature and my signature in ink.

What do you recommend I do, and do you think I have a case for getting out of this? I really do hope so as I feel its all been a bit underhanded to be honest, although I do accept that I have been totally foolish and naive.
Thank you for reading and ~i do hope you can help!

[di30]

Re: Totally confused?!

Hi there & welcome to LB

Do you have the terms and conditions paperwork for this?

I'm sure someone will be along soon with some advice for you.

[Caspar]

Re: Totally confused?!

Surely there must be a cooling off period. You need to read those T&C's carefully, but like now, as you may be very near the end of the cooling off period.

Can you name some names - it's not illegal. Which company? What deal? etc... then we can try to help more.

[kissy57]

Re: Totally confused?!

Its pc world/ and I went in to buy a laptop and ended up being pushed into this infinity deal?! I do not believe I have a cooling off period as unfortunately I signed instore in front of salesman... I do have terms and conditions and a pre contract information form that I have signed....but I do not have an actual contract, is that normal?

[di30]

Re: Totally confused?!

Hi there

There should be by law a cooling period, I am sure of that, so I would try getting in touch with them about this.

Its like when you take out a loan directly in a branch the cooling period stands to what I know of.

[pompeyfaith]

Re: Totally confused?!

This will help as to the law relating to cooling off periods:

http://whatconsumer.co.uk/cooling-of...cancellations/

Regards

[kissy57]

Re: Totally confused?!

I am certain that there is not a cooling off period, if you sign the cca in the business place as opposed to distance selling where there is a cooling off period. But surely if a contract is not signed then I can cancel?

[Caspar]

Re: Totally confused?!

you must have gone home with my paperwork and you need to bring it back/sign again?

I would agree - if that's what the salesman said and he hasn't got the original paperwork he's really stuffed as he cannot prove you signed. The burden of proof is then on them to prove you did.

Agree with you about no cooling off period when bought in store by the way, though they may still rescind the contract as they have not delivered the goods yet.

Their website says this about returns and cancellations:

Should you wish to cancel your order before delivery please call our contact centre on 08445 61 00 00 and we''''ll discuss the cancellation and whether you require an alternative product to be sent to you or a refund.
Alternatively you can also cancel your order online via the Contact us facility on the Customer services page.

Read more at: Totally confused?! - Legal Beagles Consumer Forum

[SpringerSpaniel]

Re: Totally confused?!

I have previously threatened PC World with Trading Standards, and they couldn't wait to refund my money fast enough and cancel any ongoing commitments.

Try telling them you want to cancel and see what they say. If they are difficult suggest you will involve Trading Standards and see if it changes.

If you scan and post the agreement on here, some of us will be able to discuss whether there likely to be infirngement of the Unfair Contract Terms Act or the Unfair Terms in Consumer Contracts Regulations.

Don't provide them with any additional copies of the agreement. They should have made sure they kept a copy of the original if they want to be able to rely on it.

If you have any direct debits or standing orders connected to this, tell your bank you want to cancel them. Then PC World will have to come asking for anything they think you owe, and you will be able to ask them to prove that the money is owed, which judging by what you say, may be difficult.

But I would think what ever else you do, a Trading Standards Officer should see a copy of the agreement you were offered and hear about your experience of the high-pressure selling and poor deal.

[kissy57]

Re: Totally confused?!

I have just spoken to PC world store manager, and she has confirmed that they have lost all paperwork and have nothing at all!
She says she is going to try her "best" to get me out of this?!!
Am I correct in thinking that as I do not have laptop in my posession, and there is no paperwork I can just walk away?